P GOPAL Vs. P MURALIKRISHNAN

JUDGEMENT

(1.) The present revision has been filed by the petitioner challenging the order passed by the learned Principal Sub-ordinate Judge, Coimbatore in I.A.No.918 of 2013 in O.S.No.248 of 2012 dated 21.01.2016.

(2.) Heard Mr.Siddharth, learned counsel for the petitioner and Mr.S.Gunalan, learned counsel appearing on behalf of the first respondent.

(3.) The learned counsel for the petitioner submitted that the petitioner, who is the plaintiff in the suit in O.S.No.248 of 2012 filed for the relief of specific performance wherein, the first respondent herein is a third party to the proceedings in the above suit. He submitted that the first respondent had filed an application in I.A.No.918 of 2013 under Order 1 Rule 1 of the Code of Civil Procedure to implead himself as a party in the above suit. According to the learned counsel for the petitioner, the first respondent had filed an earlier suit seeking for the relief of declaration and permanent injunction before the learned I Additional District Munsif, Coimbatore in O.S.No.1292 of 2007 and the petitioner/plaintiff in the present suit in O.S.No.248 of 2012 and the defendants were all parties in the earlier suit viz., O.S.No.1292 of 2007. The learned counsel further submitted that since the suit is one for specific performance and the first respondent herein is not a party to the sale agreement dated 18.05.2007, he is not entitled to be impleaded as a defendant since he is a stranger to the agreement. In support of this, the learned counsel relies upon the judgment of the Hon'ble Apex Court in the case of Bharat Karsondas Thakkar vs. Kiran Construction Co., 2008 13 SCC 658 The learned counsel for the petitioner submitted that the first respondent herein was not a party to the sale agreement dated 18.05.2007 which was entered into between the third defendant in the suit with the plaintiff and the fourth defendant. As such, the learned counsel submits that the trial Court had erred by allowing the impleading petition and hence, prays to set aside the order passed by the Court below.